Phillips v. Rosenberg

Dissenting Opinion by

Mb. Justice Bell :

Plaintiff was properly nonsuited. Defendant was in tbe business of repairing and towing automobiles and was authorized by tbe Pennsylvania Turnpike Commission to operate a service truck on tbe Turnpike. James Phillips, Jr., the plaintiff, was at tbe time of tbe accident 9 years and 11 months old. Phillips was a cousin or nephew of Anthony J. Gaudio. Gaudio was *401an employee of defendant on August 27, 1957, the date of the accident, but not at the time of the trial. He was employed to drive one of defendant’s towing trucks on the Turnpike. Gaudio’s work was…